Patent Registration In Philippines

WIPO’s Patent Cooperation Treaty (PCT) allows the resident of a PCT contracting state to seek patent protection for an invention model simultaneously in all the PCT contracting states by filing just one application.

The main requirements for filing a patent application in the Philippines are:

• Filing within 12 months from the date of first filing in another country
• Filing a request for the grant of a patent, applicant's particulars, description, claims and drawings (if any)
• Claiming the priority of the earlier foreign application by indicating the filing date, application number and country of the earlier application within 6 months
• Payment of the required filing fees, including fees for surplus claims, if applicable

For a PCT registration in the national phase:

• Entry into the national phase within 30 months from the priority date
• Filing a request for entry into the national phase, an English translation if the international application was not filed in English, and a copy of the amendments (if any)
• Payment of the required fees for entry into the national phase, including fees for exceeding the claim, if applicable.

In both cases:

• The application may be filed in English or Filipino.
• If the applicant is not a resident of the Philippines, a local representative must be appointed
• Legalization or notarization of documents is not required

The Manual for Patent Examination covers the procedural aspects of formality examination, substantive examination and other important procedural aspects of the Patent Cooperation Treaty (PCT) procedure.

a. Formality Examination

The patent application is examined for its content:

• a request for the grant of a patent
• the details of the applicant
• Description of the invention, claims, drawings (if any) and abstract
• Payment of the application fees

If the application is incomplete, the applicant has 2 months to submit the missing elements. The filing date is the date on which the missing elements are submitted.

b. Publication

The application is published in the IPOPHL E-Gazette 18 months after the filing date or the priority date.

c. Request For Substantive Examination

The applicant must request substantive examination within 6 months of publication and pay the required fees. If this is not done, the application is deemed to be withdrawn.

d. Substantial Examination

The Patent Office examines whether the invention fulfils the requirements for patentability:

• Novelty - not part of the state of the art
• Inventive step - not obvious to a person skilled in the art
• Industrial applicability - can be manufactured or used in any industry

The examiner can issue decisions in which he requests amendments or arguments to remove objections. The applicant has the opportunity to respond.

e. Grant Or Rejection

If the invention meets all the requirements, the Patent Office issues a decision to grant. Fees must be paid for the grant and publication. If the application does not meet the requirements after examination and response by the applicant, it is rejected.